Chico Municipal Code Art. VI Sewer Main and Sewer Lateral Installation Fees

A. A sewer main installation fee is hereby assessed and levied upon the owner of the following premises:

1. Residential and nonresidential premises initially connecting to the sewer system; and

2. Residential and nonresidential premises for which a tentative subdivision map has been approved by the city.

B. The sewer main installation fee assessed and levied upon the owner of premises pursuant to this section shall be based on the replacement cost of the sewer main installed adjacent to such premises as determined by the director in the manner hereinafter provided by this article, and shall be in addition to any sewer service fee, water pollution control plant capacity fee, trunkline capacity fee, lift station capacity fee, and/or sewer lateral fee assessed and levied pursuant to the provisions of this chapter.

(Ord. 1735 §1 (part), Ord. 2092 §§13, 16, Ord. 2364 §267)

The sewer main installation fee assessed and levied upon the owner of premises as hereinbefore provided by this article shall be determined by the director from the following sewer main installation rates:

A. Basic Sewer Main Installation Rate. The basic sewer main installation rates for residential and nonresidential premises shall be $25 per front foot of each lot, parcel, or subdivision on or within which such premises are located.

B. Increases in Basic Sewer Main Installation Rate. If, on July 1, 1989, or on July 1st of any year thereafter, there is an increase in the cost of constructing and installing sewer mains during the preceding year, then the basic sewer main installation rates shall also be increased in proportion to the increase in such costs. The determination of whether there has been an increase in the cost of constructing and installing sewer mains and the amount of the increase in the basic sewer main installation rates which is proportionate to the increase in such costs shall be made by the director, with the approval of the city manager, and shall be based exclusively on the net percentage increase during the preceding year in the Engineering News Record cost index for San Francisco (based on 1913 U.S. average = 100) as published in the Engineering News Record/McGraw-Hill Construction Weekly.

(Ord. 1735 §1 (part), Ord. 2092 §13, Ord. 2364 §268)

A. Residential and Nonresidential Premises Initially Connecting to the Sewer System. In determining the sewer main installation fees assessed and levied upon the owner of residential and nonresidential premises initially connecting to the sewer system from the sewer main installation rates as hereinbefore provided by this article, the director’s determination shall be based on the following:

1. Residential premises - The front footage of the shortest side of the lot or parcel on which such premises are located adjoining a public street or public easement, or 60 front feet, whichever is greater,

2. Nonresidential premises - The front footage of the shortest side of the lot or parcel on which such premises are located adjoining a public street or public easement; provided, however, that the sewer main installation fee for premises having an area less than one acre shall not be less than the fee for 60 front feet and the fee for premises having an area greater than one acre shall not be less than the fee for 150 front feet.

B. Residential and Nonresidential Premises for Which a Tentative Subdivision Map Has Been Approved by the City. In determining the sewer main installation fees assessed and levied upon the owner of residential and nonresidential premises for which a tentative subdivision map has been approved by the city from the sewer main installation rates as hereinbefore provided by this article, the director’s determination shall be based on the front footage of all sides of the subdivision adjoining a public street or public easement. However, the sewer main installation fee for subdivisions having an area less than one acre shall not be less than the fee for 60 front feet and the fee for premises having an area greater than one acre shall not be less than the fee for 150 front feet.

(Ord. 1735 §1 (part), Ord. 2268, Ord. 2364 §269)

Notwithstanding any provisions of this article to the contrary, a sewer main installation fee shall not be assessed and levied for the following premises or under the following circumstances:

A. Premises owned by the city;

B. Premises connected to the sewer system by way of a connection to a sewerage collection system operated by a public agency other than the city;

C. Premises for which a sewer main installation fee was previously paid pursuant to the provisions of this article or any other city ordinance or resolution;

D. Premises being connected to an existing sewer main which is adjacent and which is or was installed:

1. Within a private street or easement,

2. As a result of an assessment district proceeding, provided the premises were assessed for such sewer main as part of such assessment district proceeding, or

3. As a condition of the approval of a subdivision, provided that the premises are located within the boundaries of such subdivision;

E. Where the owner of the premises, at the time of connecting the premises to the sewer system, is required by the provisions of this chapter to install a sewer main extension and such sewer main extension is located within:

1. An existing public street or public easement; provided that, where there is an existing sewer main within a portion of the public street or public easement adjoining the premises, then, notwithstanding any provisions of this section to the contrary, a sewer main installation fee shall be assessed and levied against the owner of the premises in the amount provided for by this article or in an amount equal to the product of the sewer main installation rate provided for by this article multiplied by the length of the existing sewer main which is within the portion of the public street or easement adjoining the premises, whichever is less, or

2. A private street or private easement entirely within the boundaries of a subdivision in which all or substantially all of the streets are privately owned and maintained; provided that the premises are also located within the boundaries of such subdivision;

F. Where the owner of the premises, as a condition of the approval of a tentative map for the premises, is required by the provisions of this chapter to install a sewer main extension and such sewer main extension is located within an existing public street or public easement; provided that, where there is an existing sewer main within a portion of the public street or public easement adjoining the premises, then, notwithstanding any provisions of this section to the contrary, a sewer main installation fee shall be assessed and levied against the owner of the premises in the amount provided for by this article or in an amount equal to the product of the sewer main installation rates provided for by this article multiplied by the length of the existing sewer main which is within the public street or easement adjoining the premises, whichever is less.

(Ord. 1735 §1 (part), Ord. 2016 §3, Ord. 2049 §11)

A. Where a sewer main installation fee is assessed and levied upon the owner of premises initially connecting to the sewer system, such fee shall be due and payable at the time a building permit or a connection permit is issued for such premises, whichever first occurs. Provided, however, that where a sewer main installation fee is assessed and levied upon the owner of any such premises which are or will be occupied by “persons or families of low and moderate income,” as defined in Section 50093 of the California Health and Safety Code, and the entire amount of such fee will be financed with a loan made by the city or the Chico Redevelopment Agency, then such fee will be due and payable at the time of the issuance of a certificate of occupancy for such premises.

B. Where a sewer main installation fee is assessed and levied upon the owner of premises for which a tentative subdivision map has been approved by the city, such fee shall be due and payable either at the time a final map is filed for the subdivision or at the time a subdivision improvement agreement is executed, whichever first occurs. Provided, however, that where a sewer main installation fee is assessed and levied upon the owner of any such premises being developed with residential dwelling units to be occupied by families of low and moderate income as defined by Section 50093 of the California Health and Safety Code and the entire amount of such fee will be financed with a loan made by the city or the Chico Redevelopment Agency, then the owner of the premises may elect to defer payment of the sewer main installation fee for each such dwelling unit until the time of the issuance of a certificate of occupancy for the dwelling unit. In the event the owner of such premises makes such election, then the owner shall execute and record an agreement which shall be in a form approved by the city attorney and which shall set forth the owner's undertaking to pay the sewer main installation fee at the time of issuance of the certificate of occupancy for each residential dwelling unit constructed on the premises.

(Ord. 1735 §l (part), Ord. 1785 §5, Ord. 1799 §3, Ord. 2049 §12)

A sewer lateral installation fee is hereby assessed and levied upon the owner of residential and nonresidential premises initially connecting to the City sewer system where such connection to the sewer system is made by way of a connection to an existing sewer lateral previously installed by the city in the public street or on a public easement adjacent to the lot or parcel on which such premises are located.

(Ord. 2049 §13)

A. Basic Sewer Lateral Installation Rate. The basic sewer lateral installation rate for residential and nonresidential premises shall be $18.29 for each foot of a sewer lateral between the point at which such premises are connected to the sewer lateral and the point at which the sewer lateral is connected to a sewer main or trunkline in the public street or a public easement adjoining the lot or parcel on which the premises are located.

B. Increases in Basic Sewer Lateral Installation Rate. If on July 1, 1993, or on July first of any year thereafter, there is an increase in the cost of constructing and installing sewer laterals during the preceding year, then the basic sewer lateral installation rate shall also be increased in proportion to the increase in such costs. The determination of whether there has been an increase in the cost of constructing and installing sewer laterals and the amount of the increase in the basic sewer lateral installation rate which is proportional to the increase in such costs shall be made by the director with the approval of the city manager and shall be based exclusively on the net percentage increase during the preceding year in the Engineering News Record Cost Index for San Francisco (based on 1913 U.S. Average = 100) as published in the Engineering News Record/McGraw-Hill Construction Weekly.

(Ord. 2049 §14, Ord. 2364 §270)

The director shall determine the sewer lateral installation fee for residential and nonresidential premises connecting to the city sewer system from the product of the sewer lateral installation rate multiplied by the length of a lateral between the point at which such premises are connected to such sewer lateral and the point at which the sewer lateral is connected to a sewer main or trunkline in the public street or on a public easement adjoining the lot or parcel on which the premises are located. The same shall be measured along each vertical, horizontal and/or diagonal component of the sewer lateral.

(Ord. 2049 §15, Ord. 2364 §271)

Notwithstanding any provisions of this article to the contrary, a sewer lateral installation fee shall not be assessed and levied for the following premises or under the following circumstances:

A. Premises owned by the city;

B. Premises for which a sewer lateral installation fee was previously paid pursuant to the provisions of this article; and

C. Premises being connected to an existing sewer lateral which is or was constructed and installed:

1. Within a private street or easement,

2. As a result of an assessment district proceeding, providing the premises were assessed for such sewer lateral as part of such assessment district proceeding, or

3. As a condition of approval of a subdivision, provided the premises are located within the boundaries of such subdivision.

(Ord. 2047 §16)

Where a sewer lateral installation fee is assessed and levied upon the owner of premises initially connecting to the city sewer system, such fees shall be due and payable at the time a building permit or a connection permit is issued for such premises, whichever first occurs. Provided, however, that where a sewer lateral installation fee is assessed and levied upon the owner of such premises which are or will be occupied by “persons or families of low and moderate income,” as defined in Section 50093 of the California Health and Safety Code, and the entire amount of such fee will be financed with a loan made by the city or the Chico Redevelopment Agency, then such fee shall be due and payable at the time of issuance of a certificate of occupancy for such premises.

(Ord. 2049 §17)